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  • EXCLUSIVE AUTHORITY FOR SALE OF BUSINESS IN VICTORIA-AGENT QUOTES COMMISSION AS EXCLUSIVE OF GST

    CAN AN AGENT DELETE THE PRE-PRINTED GST INCLUSIVE REFERENCE AND PUT THAT THE COMMISSION IS GST EXCLUSIVE?   THE VENDOR IS A COMPANY SO THE AGENT MAY NOT BE IN BREACH OF THE new section 53C into the Trade Practices Act AS The following exception to the obligation to quote prices on an “all inclusive” basis will apply whenQuoting ...
    Posted to Consumer Questions (Forum) by BEDIAGA on September 24, 2009
  • Estate Agents - Commission Mentality Explained

    OPINIONby Peter Mericka B.A., LL.BReal Estate LawyerQualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd    It would seem that real estate agents are the same, all around the world. The following anecdote appears on a real estate industry blog in the United States. What makes this anecdote particularly ...
    Posted to Australian Real Estate Blog (Weblog) by Peter Mericka on August 26, 2009
  • Re: Agent getting buyer to send on contracts

    Hi Matilda, The responsibility for getting the contract right has always remained with the individual vendor or purchaser.  Do you really think that the real estate agent takes any responsibility for anything?  Real estate agents regularly tell me that problems in the contract are not their doing - after all, the purchaser/vendor signed ...
    Posted to Consumer Questions (Forum) by Peter Mericka on June 7, 2009
  • Agent getting buyer to send on contracts

    There is a Real Estate Agency in Qld who sends by post contracts to be signed by the purchaser. After  the purchaser signes the contracts the purchaser then has to send it onto the buyer in an envelope.   The agent still gets the full commission but the buyer is effectively doing the work for the agent.   The onus is on the ...
    Posted to Consumer Questions (Forum) by matildajones2009 on June 6, 2009
  • How To Pay Two Commissions In One Sale

    OPINIONby Tim O'Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au There is an old joke about Lady Cul de Sac.  She did not want the title, but there was no way out. Julie James (not her real name) did not want to complete the contract she signed to sell her investment property after she received a significantly ...
    Posted to Australian Real Estate Blog (Weblog) by Peter Mericka on September 16, 2008
  • One Sale - Two Commissions

    by Tim O'Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au   Carly Gillard was staggered, after settling the sale of her Northern New South Wales property, to find herself facing commission claims from two real estate agencies.  Her property had been listed with both agencies, but only one secured the ...
    Posted to Australian Real Estate Blog (Weblog) by Peter Mericka on June 27, 2008
  • Re: Misguided loyalty

    Gary, if this is how he treats his loyal staff I can only guess at how he would treat his clients!
    Posted to This is what happened to me... (Forum) by Peter Mericka on June 26, 2008
  • How I Became An Estate Agent's Hero

    by Tim O'Dwyer M.A., LL.BSolicitorConsumer Advocate watchdog@argonautlegal.com.au   Brisbane conveyancing solicitor Chris Bridge became concerned when he noticed that his buyer client’s contract included a special condition authorising the pre-settlement release of the selling agent’s commission.  Such a “pre-draw” practice may be ...
    Posted to Australian Real Estate Blog (Weblog) by Peter Mericka on April 23, 2008
  • Another Nail in the Auction Coffin

    by Peter Mericka B.A., LL.BReal Estate LawyerQualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd   The Real Estate Institute of Victoria (REIV) has been forced to come clean, and to admit to consumers that ''...no binding contract exists until the successful bidder and the vendor have signed a contract.'' A ...
    Posted to Australian Real Estate Blog (Weblog) by Peter Mericka on February 14, 2008
  • What If The Estate Agent Has Already Spent The Commission?

    by Peter Mericka B.A., LL.BReal Estate Lawyer Qualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd   As any lawyer or conveyancer will confirm, a contract may have to be cancelled for a variety of reasons, even after it has become unconditional.  But what if the estate agent has already spent the ...
    Posted to Australian Real Estate Blog (Weblog) by Peter Mericka on January 31, 2008
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